[Federal Register Volume 85, Number 249 (Tuesday, December 29, 2020)]
[Notices]
[Pages 85663-85664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28778]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1202]


Certain Synthetic Roofing Underlayment Products and Components 
Thereof; Commission Determination Not To Review an Initial 
Determination Terminating the Investigation as to All Respondents Based 
on Withdrawal of the Complaint; Termination of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 23) of the presiding administrative law judge 
(``ALJ'') granting complainant's unopposed motion to terminate the 
above-captioned investigation as to all respondents based on withdrawal 
of the complaint.

FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3179. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on 
this matter can be obtained by contacting the Commission's TDD 
terminal, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on June 1, 2020, based on a complaint filed by Kirsch Research and 
Development, LLC (``Kirsch'') of Simi Valley, California. 85 FR 33198-
99 (June 1, 2020). The complaint alleges violations of section 337 of 
the Tariff Act of 1930, as amended (19 U.S.C. 1337), based on the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain synthetic 
roofing underlayment products and components thereof by reason of 
infringement of certain claims of U.S. Patent No. 8,765,251. Id. at 
33198. The complaint further alleges that a domestic industry exists. 
Id. The notice of investigation names eleven respondents: Atlas Roofing 
Corporation of Atlanta, Georgia;

[[Page 85664]]

CertainTeed Corporation of Malvern, Pennsylvania; Dupont De Nemours, 
Inc. and E.I. Du Pont De Nemours and Company, both of Wilmington, 
Delaware; Epilay, Inc. of Carson, California; GAF Corporation of 
Parsippany, New Jersey; Owens Corning, Owens Corning Roofing & Asphalt, 
LLC, and InterWrap Corp., each of Toledo, Ohio; SCC of Issaquah, 
Washington; and TAMKO Building Products, LLC of Joplin, Missouri. Id. 
The Office of Unfair Import Investigations is not named as a party. Id.
    On August 4, 2020, the Commission determined to amend the complaint 
and notice of investigation by substituting CertainTeed LLC for 
respondent CertainTeed Corporation and GAF Materials LLC for respondent 
GAF Corporation. Order No. 6 (July 14, 2020), unreviewed by 85 FR 47988 
(Aug. 7, 2020). That same day, the Commission also determined to 
terminate the investigation as to CertainTeed Corporation and GAF 
Corporation based on good cause. Order No. 7 (July 14, 2020), 
unreviewed by Comm'n Notice (Aug. 4, 2020). On November 18, 2020, the 
Commission determined to terminate the investigation as to SCC based on 
settlement. Order No. 18 (Oct. 22, 2020), unreviewed by Comm'n Notice 
(Nov. 18, 2020).
    On December 7, 2020, Kirsch filed an unopposed motion to terminate 
the investigation as to all respondents based on withdrawal of the 
complaint under Commission Rule 210.21(a)(1) (19 CFR 210.21(a)(1)). 
Kirsch's motion included a request to stay the procedural schedule 
pending termination of the investigation. Mot. at 3-4. No party 
responded to the motion.
    On December 9, 2020, the ALJ issued the subject ID granting the 
unopposed motion. The ID finds that the motion complies with the 
requirements of Commission Rule 210.21(a)(1) (19 CFR 210.21(a)(1)); 
that the parties ``appear to agree that there are no extraordinary 
circumstances'' that would prevent termination; and that terminating 
the investigation ``is in the public interest.'' ID at 2-3. No 
petitions for review of the subject ID were filed.
    The Commission has determined not to review the subject ID. This 
investigation is terminated in its entirety.
    The Commission vote for this determination took place on December 
21, 2020.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: December 22, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-28778 Filed 12-28-20; 8:45 am]
BILLING CODE 7020-02-P